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STATE v. RIVERA

232 N.J. Super. 165 (1989)

556 A.2d 1227

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAFAEL M. RIVERA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1989.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (Rebecca R. Pressman, Designated Counsel, of counsel and on the brief).

Rafael M. Rivera, appellant, filed a supplemental pro se brief.

Donald R. Belsole, Acting Attorney General of New Jersey; (Catherine A. Foddai, Deputy Attorney General, of counsel and on the brief).

Before Judges J.H. COLEMAN, DEIGHAN and BAIME.

PER CURIAM.

The crucial issue raised in this appeal is whether two attorneys assigned to represent defendant in a capital murder trial were properly removed from the case. The trial judge concluded that the two attorneys had created an actual conflict of interest by participating in a scheme to have the chief prosecution witness marry defendant to deprive the State of her testimony pursuant to the marital privilege...

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